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UNMIK Home >> Pillar I >>> Justice |
PENAL MANAGEMENT DIVISION
For more details on Penal Management Division go to the full version of the Pillar I Report.
Mandate
Responsibility for Kosovo's prison system rests with the Department of Justice. The Report of the Secretary-General of 12 July 1999, states at paragraph 72 that "UNMIK's Judicial Affairs Office will also re-establish and reform the correctional system in Kosovo, in a legal and operational framework that is consistent with international prison standards…. UNMIK will recruit, select and train new as well as former staff of these prisons, applying the highest international standards regarding prisons and human rights."
In fulfilling this mandate, the Department of Justice has outlined three principal objectives for the Penal Management Division (PMD). First, the PMD is responsible for recruiting corrections experts from around the world and operating Kosovo's prisons and detention centres. Secondly, the PMD is tasked to formulate a plan for the eventual transfer of operational control of these facilities to the Kosovo Correctional Service (KCS). Finally, it is required to assist in reforming the legal framework of the correctional system to make it consistent with international prison standards.
Detention facilities
From the beginning of the UN's mission in Kosovo, the establishment of an effective judicial system has to an extent been contingent on the existence of a functional detention infrastructure. Initially, the situation was difficult; in Dubrava, the largest prison in Kosovo had been badly damaged by NATO bombs and other detention centres, also in poor condition, did not offer sufficient cell capacity. Even as these structural problems were being addressed, the training of local prison staff in modern correctional practices was equally urgent.
As early as November of 1999, the Penal Management Division assumed responsibility for the first penal institution under their authority - the Prizren Detention Centre. Today, the PMD is responsible for an additional six correctional institutions: Pristina, Mitrovica, Gnjilane and Pec/Peja detention centres as well as prisons in Dubrava and Lipljan. For security reasons, the first two of thefacilities at Pristina and Mitrovica operate under PMD authority and remain partially staffed by International Police who provide custody support for high-risk prisoners.
Thanks largely to generous foreign donations, the PMD has been able to restore each detention centre to an operational level and has improved overall security standards. Several countries contributed to this effort by providing professional staff to the PMD and sponsoring a series of training courses for local correctional staff.
In recognition of the anticipated increase in inmate population following the passage of new legislation intended to fight terrorism and organized crime, the PMD has been called upon to provide additional detention centre capacity within a legal and operational framework that is consistent with the highest international standards regarding prisons and human rights.
Staffing and Organization
In order to manage the current structure and to prepare for an eventual handover of responsibilities to the Kosovo Correctional Service, Penal Management Division employs international staff as follows:Ø Operations staff in correctional facilities, ensuring 24/7 coverage; and
Ø Headquarters management staff, responsible for operations, legal services, medical services, probation and parole programs.Staffing initially constituted a problem as there were not enough international prison officers and until recently CIVPOL officers had to fill some of the posts that normally should have been staffed by penitentiary personnel. This situation has begun to change thanks to the help of a number of countries - namely Italy, Germany, Austria, Bulgaria and Turkey - which have volunteered to assist UNMIK by sending specialised prison staff or police to Kosovo.
At the same time, local staff is progressively taking over operational responsibilities at correctional facilities throughout Kosovo. The Kosovo Correctional Service (KCS) was established in 1999 and currently consists of 1363 correctional officers and civilians. KCS recruits are trained by Correctional Instructors at the Vushtrri Police Academy. These officers are deployed at every PMD facility and have assumed, in some cases, supervisory positions within the detention centres and prisons.
Recruitment and continuing training of local personnel for corrections remains a priority, since more than 80 percent of KCS staff has just over one year's experience. Selection and training of local personnel for the Deputy Director's positions is under way and ten candidates will be completing the first program shortly. The second program is due to commence in the fall of 2003. Once the positions of Deputy Directors are filled more senior management positions will be progressively opened up for local staff.At the same time, to achieve its aim of increasing the number of local correctional officers to 1688, PMD is recruiting and training additional correctional officers. Particular attention is being paid to the recruitment and training of Kosovo Serb correctional officers in order to balance the initial shortfall in recruitment from the Serb population.
At present, an ethnic breakdown of local correctional staff indicates that 85.18% are of Albanian ethnicity, 11.15% are Serbian and the remaining 3.67% consists of Bosnians, Roma and Turks. This is in line with the ethnic composition of Kosovan population. It also roughly corresponds to the percentage of the prisoners by ethnic group (90% Albanian, 7% Serb and 3% of other ethnicity).
Current situation
Detention facilities currently open in Kosovo
Dubrava - Blocks 6 Open Prison The prison population that currently stands at 1,182 continues to grow. The current cell capacity stands at 1,382. Efforts are underway to extend the capacity of penitentiary facilities to 1,942, which will provide sufficient capacity, taking into account the current incarceration rate and expected increases in total population. This is planned to be accomplished through the following initiatives:
Ø The new high security Detention Centre at Lipjan will open in August of 2003 and will have the capacity to house 200 pre-trial detainees. (3.4 million euros, funded by the EU and Norway);
Ø An additional Block 6 at the Dubrava Prison to accommodate 160 medium-risk inmates (funded by the EU);
Ø An additional new open-type prison with the capacity to house approximately 200 prisoners to be built next year (2 million euros, funded by the EU).A comprehensive health care services plan is currently being developed in order to provide a proper psychiatric program for mentally ill prisoners. The current planning and development of an agricultural program at Dubrava demonstrates prudence in the direction of prison programs. Other initiatives regarding development of education, vocational training, life skills, literacy, recreational activities and work programs for inmates in all facilities are also underway.
The PMD is currently developing a parole and probation system as an alternative to imprisonment. In October 2002 a Conditional Release Commission was established with the mandate to authorize the conditional release of prisoners who have served at least half of their sentence.
Challenges
As the PMD/KCS has Serbian prisoners in the prison population, the need for Kosovo Serb staff members becomes more pressing. Kosovo Serb employees have been hired by the PMD/KCS and now work as correctional officers at Gnjilane Detention Centre. Serbian civilian staff has also been recruited and are employed at Mitrovica, Lipjan and Pristina Detention Centres. While this progress is encouraging, much work remains to be done toward further integration of Kosovo Serb correctional staff.
The monitoring of centre security continues to be a priority. The need to develop Dog and Weapons Sections has been identified and is being prioritized to meet centre needs at Dubrava and Pristina Regional Detention Centres. The dog section at Dubrava prison will be operational from August this year with the deployment of patrol dogs. By September/October this year dogs trained in drugs/weapon detection, tracking and cell extraction will also be introduced. A further seven dogs are expected to begin training in December this year. Firearms for correctional staff have been approved and are currently being held in Police armoury until staff has been trained in their use. Weapons training is expected to commence in October this year.
The correctional service is continuously developing and is rapidly becoming more diverse and complex. In order to prepare to hand over a fully functional correctional system, international staff must set solid structures in place and take an active mentoring role with local staff to ensure that internationally acceptable practices, procedures and systems are learned and institutionalised.
